
Brian represents companies in labor, employment, and general litigation matters. His business-oriented approach enables him to guide clients through a myriad of challenges. Brian draws on his experience to help clients reach efficient resolutions -- or pursue litigation and trial -- as the situation warrants. Working with clients in the banking, insurance, retail, health care, energy, hospitality, and food and beverage industries, he has guided them through an array of issues, including discrimination, harassment, wage and hour, deliberate intent, unfair labor practice, union representation, injunction, and general litigation matters. He has substantial experience practicing in both state and federal courts, including trying cases to verdict, as well as practice before the West Virginia Human Rights Commission, the Equal Employment Opportunity Commission, and the National Labor Relations Board. He has also drafted and litigated employment and arbitration agreements, covenants not to compete, and various other contracts.
More Legal and Business Bylines From Brian J. Moore
- "Labor and Employment Law," West Virginia State Bar Practice Handbook - (Posted On Saturday, May 15, 2010)
- In an Age of New Technology, Be Wary of 'Textual' Harassment - (Posted On Friday, May 14, 2010)
- The Problem of Duplicative Punitive Damages in West Virginia Wrongful Discharge Cases - (Posted On Monday, June 07, 2010)
- West Virgina 2010 Labor Law Update - (Posted On Tuesday, June 15, 2010)
- Courts Provide Little Guidance on Technology in the Workplace - What’s an Employer To Do? - (Posted On Sunday, March 27, 2011)
- The Evolution of Social Networking Technologies in the Workplace: Balancing Employee and Employer Rights - (Posted On Wednesday, May 18, 2011)
- Wrongful Discharge Cases May Carry Heavy Price Tag - West Virginia American Water Company v. James A. Nagy - (Posted On Tuesday, July 26, 2011)
- Creating a Social Media Policy - (Posted On Tuesday, October 18, 2011)
- Social Networking in the Workplace - (Posted On Wednesday, October 19, 2011)
- Employment Law Issues in the Workplace: EEOC Developments - (Posted On Wednesday, May 09, 2012)
- The Uniformed Services Employment and Re-employment Rights Act - (Posted On Friday, May 25, 2012)
- Employment Litigation Issues in West Virginia - (Posted On Saturday, June 09, 2012)
- District Court in Texas Issues Nationwide Injunction on New DOL Overtime Rule - (Posted On Wednesday, November 23, 2016)
- U.S. Supreme Court Rules Title VII’s Administrative Charge-Filing Requirement is Not Jurisdictional - (Posted On Monday, June 03, 2019)
- NLRB Will No Longer Require Employers to Permit Union Organizers in "Public Space" on Employers' Property - (Posted On Tuesday, June 18, 2019)
- Fifth Circuit Court of Appeals Enjoins EEOC Guidance on use of Criminal History in Employment Decisions - (Posted On Thursday, August 08, 2019)
- NLRB Addresses Several Issues Involving Mandatory Arbitration Agreements Following Supreme Court Opinion in Epic Systems - (Posted On Tuesday, August 20, 2019)
- FMLA for School IEP Meetings - (Posted On Wednesday, September 04, 2019)
- NLRB Issues New Decision Adopting 3 Part Test for Analyzing Bargaining Unit Scope Disputes - (Posted On Wednesday, September 11, 2019)
- MV Transportation Inc. – NLRB Rules On Employer Unilateral Action - (Posted On Wednesday, September 18, 2019)
- Breaking: US DOL Final OT Rule Raises the FLSA Exemption Thresholds, Effective Jan. 1, 2020 - (Posted On Thursday, September 26, 2019)
- NLRB Issues Final Rule Modifying Representation Case Procedures - (Posted On Monday, December 16, 2019)
- NLRB Restores Longstanding Dues Checkoff Rule - (Posted On Thursday, December 19, 2019)
- NLRB Publishes Final Rule on Joint Employers - (Posted On Friday, February 28, 2020)
- West Virginia Supreme Court Upholds Right-to-Work Law - (Posted On Wednesday, April 22, 2020)
- DOL Releases Updated FMLA Forms - (Posted On Tuesday, July 28, 2020)
- Transgender Students Protected from Discriminatory Restroom Policies under Equal Protection Clause & Title IX, Fourth Circuit Court of Appeals Rules - (Posted On Monday, August 31, 2020)
- New DOL Repeals Trump-Era Independent Contractor Test - (Posted On Monday, May 10, 2021)
- Biden Executive Order Calls for Ban on Noncompete Agreements - (Posted On Monday, July 12, 2021)
- California Employers Can Take Advantage of Huge Unexpected Win - (Posted On Friday, June 17, 2022)
- New NLRB Proposed Joint Employer Standard May Substantially Increase Liability For Employers - (Posted On Friday, September 09, 2022)
- EEOC Replaces “EEO is the Law” Poster with New “Know Your Rights” Poster - (Posted On Friday, October 21, 2022)
- New NLRB Opinion Means Employers on the Hook for Expanded Damages in Labor Violation Cases - (Posted On Tuesday, December 20, 2022)
- NLRB Reinstates Obama-Era Standard Reviving “Micro-Units” for Organizing - (Posted On Thursday, December 22, 2022)
- Non-Disparagement Provisions in Severance Agreements Must Be Narrowly-Tailored Under New NLRB Ruling - (Posted On Saturday, February 25, 2023)
- NLRB General Counsel Aims to Outlaw Broad Non-Compete Provisions in Employment Contracts - (Posted On Friday, June 09, 2023)
- NLRB Decision Reinstates Obama-Era Independent Contractor Standard - (Posted On Friday, June 16, 2023)
- NLRB Adopts Stricter Standard for Workplace Rules - (Posted On Friday, August 04, 2023)
- The Pregnant Workers Fairness Act May Be Broader Than You Think - (Posted On Wednesday, August 23, 2023)
- Flurry of Recent NLRB Actions Create Easier Road to Union Representation - (Posted On Thursday, August 31, 2023)